Topic
Legal History
Posts
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ArticleVol. 88 · Iss. 3
Natural Law and the Rhetoric of Empire: Reynolds v. United States, Polygamy, and Imperialism
In 1879, the U.S. Supreme Court construed the Free Exercise Clause for the first time, holding in Reynolds v. United States that Congress could punish Mormon…
Nathan B. Oman -
Online2021
Edwards v. M’Connel: Hiding Behind Legal Principles
Edwards v. M’Connel[i] is cited by a Tennessee state law treatise on res judicata, the legal principle stating that a prior court’s decision is…
Kelsie Overton -
ArticleVol. 95 · Iss. 5
Law’s Evolving Emergent Phenomena: From Rules of Social Intercourse to Rule of Law Society
Law involves institutions rooted in the history of a society that evolve in relation to surrounding social, psychological, cultural, economic, political, technological, and ecological…
Brian Tamanaha -
ArticleVol. 95 · Iss. 5
The Data of Jurisprudence
In contemporary jurisprudential writing, there is no lack of attention to method. Although I have participated in this activity, I have reservations about it,…
Gerald J. Postema -
ArticleVol. 95 · Iss. 5
The Pragmatist Tradition: Lessons for Legal Theorists
As you probably noticed, my title is ambiguous—deliberately so, because my purpose here is twofold: to teach legal theorists something of the pragmatist tradition…
Susan Haack -
ArticleVol. 95 · Iss. 5
A New Historical Jurisprudence?
In his provocative new book, A Realistic Theory of Law, Brian Tamanaha offers a variety of insightful analyses and conclusions that may shake up…
Brian H. Bix -
ArticleVol. 95 · Iss. 5
Three Forms of Legal Pragmatism
Within any discipline there are said to be lumpers and splitters, hedgehogs and foxes. My inclinations run to lumping, but in this essay I…
Charles L. Barzun -
NoteVol. 96 · Iss. 5
Confronting Forfeiture
Phil Parhamovich was pulled over on I-80 in Wyoming. He had changed lanes improperly, and his seat belt was not fastened. Seven hundred seventy-five…
Joshua Katz -
ArticleVol. 96 · Iss. 5
Eviscerating a Healthy Church-State Separation
In its recent ruling in Trinity Lutheran Church of Columbia, Inc. v. Comer, the U.S. Supreme Court took an extraordinary step in a remarkably…
Erwin Chemerinsky & Barry P. McDonald -
ArticleVol. 92 · Iss. 6
Asymmetry as Fairness: Reversing a Peremptory Trend
A recent Ninth Circuit decision, prohibiting peremptory challenges on the basis of sexual orientation, reveals the continuing evolution of the Batson doctrine. Meanwhile, contrary…
Anna Roberts -
ArticleVol. 92 · Iss. 2
The Civil Rights Act of 1964
In early 1963, Dr. Martin Luther King, Jr. led what would become known as the “Birmingham Campaign” with the Southern Leadership Conference in which…
Paulette Brown -
ArticleVol. 97 · Iss. 6
Untangling Entanglement
The Court has increasingly signaled its interest in taking a more historical approach to the Establishment Clause. And in its recent American Legion decision, the Supreme…
Stephanie H. Barclay